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Right-of-Way Encroachment - Projecting Sign at 1169-1179 Iowa StreetPrepared by: Laura Carstens. City of Dubuque, 50 West 13th, Dubuque, lA, (319) 589-4210 ORDINANCE NO. 73-00 AN ORDINANCE AUTHORIZING JOJANARO INVESTMENTS TO CONSTRUCT A PROJECTING SIGN AT 1169-1179 IOWA STREET NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Jojanaro Investments, as the owner of the premises known as 1169-1179 Iowa Street, Dubuque, Iowa, and legally described as S 16.07' of N 2/5 of City Lot 459, S 18.07' of N 86.73' of the N 2/5 of Lot 459 and S 18.13' of N 86.73' of N 2/5 of City Lot 459 be and they are hereby granted the revocable permit and authority to construct and maintain a projecting sign under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: a. Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said projecting sign; and b. Procure and maintain in force during the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and c. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said projecting sign sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of the projecting sign and to pay reasonable attorney fees therefor; and d. Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, existence, construction, maintenance and repair of the facility, work or improvement permitted herein. c . . . . Ordinance No. -00 August 21,2000 Page 2 Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said projecting sign and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said projecting sign at permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said projecting sign. Section 5. That permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permittees hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or property damage against the permittees arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to Jojanaro Investments when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of September ,2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk { '. . ACCEPTANCE OF ORDINANCE NO. 73 -00 I (We), the undersigned having read and being familiar with the terms and conditions of Ordinance No. 73 -00, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. By: Title: Dated: . /f1~dd~ . f ,. . . . . INSURANCE SCHEDULE 1. Any policy of insurance or certificate of insurance required hereunder shall be with a carrier authorized to do business in Iowa and a carrier that has received a rating of A or better in the current Best's Rating Guide. Any policy of insurance required hereunder shall provide for a thirty (30) day notice to the City of any material change or cancellation of the policy prior to its expiration date. Jojanaro Investments shall have its insurance agent or company cert,ify in writing that any policy of insurance required herein with an aggregate limit of liability has not been reduced by paid or reserved claims at the time of issuance of policy or certificate. Jojanaro Investments shall furnish copies of the following policies to the City, with limits not less than the following, or greater if required by law, and shall also furnish certificates of insurance from 'all independent contractors or subcontractors hired by Jojanaro Investments or any independent subcontractor, which certificates shall provide evidence of coverage for the following with limits not less than the following, or greater if required by law: COMMERCIAL GENERAL LIABILITY: 2. 3. 4. General Aggregate Limit Products-Completed Operation Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (anyone occurrence) Medical Payments $2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 OR Combined Single Limit Medical Payments $2,000,000 $ 5,000 Coverage is to include: occurrence form, premises/operations/products/completed operations coverage, independent contractors' coverage, contractual liability, broad form property damage, personal injury, City of Dubuque named as an additional insured with thirty (30) days written notice of change or cancellation. . , . CERTIFICATE OF CITY CLERK STATE OF IOWA COUNTY OF DUBUQUE I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Ordinance No. 73-00 is a correct copy of the original . Ordinance No. 73-00 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 5th day of September, 2000. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. . Dated at Dubuque, Iowa this 6th day of September, 2000. Jeanne F. Schneider City Clerk City of Dubuque, Iowa . t2 (l ~ ~ cJ 5:: C) s::: ~ ~ ~. ~ '0 o ........' = o ;r: g C= :t.,. ~~2~ c_........!~ rr1 -! r~ n -.. :~ 0:::0.... , fTl;":: =-c-:>_ ~ ~ ~~~. ::> t-J :'._i "Tjf"~r' rr1 ::v C; rr1 ::iE: Ul .);;:::. ~::j;; .. q --;n ~ '0- !.-; ~2 f ORDINANCE NO. 73-00 AN ORDINANCE AUTHORIZING JOJANARO INVESTMENTS TO CONSTRUCT A PROJECTING SIGN AT 1169-1179 IOWA STREET NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Jojanaro Investments, as the owner of the premises known as 1169-1179 Iowa Street, Dubuque, Iowa, and legally described as S 16.07' of N 2/5 of City Lot 459, S 18.07' of N 86.73' of the N 2/5 of Lot 459 and S 18.13' of N 86.73' of N 2/5 of City Lot 459 be and they are hereby granted the revocable permit and authority to construct and maintain a projecting sign under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: a. Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said projecting sign; and b. Procure and maintain in force during the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and c. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said projecting sign sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of the projecting sign and to pay reasonable attorney fees therefor; and d. Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, existence, construction, maintenance and repair of the facility, work or improvement permitted herein. . . . Ordinance No. -00 August21,2000 Page 2 Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said projecting sign and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said projecting sign at permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said projecting sign. Section 5. That permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permittees hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or property damage against the permittees arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to Jojanaro Investments when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of September ,2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk . ACCEPTANCE OF ORDINANCE NO. 73 -00 I (We), the undersigned having read and being familiar with the terms and conditions of Ordinance No. 73 -00, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. By: Title: Dated: . ~A~ , , /f1~d.a~ . . . . INSURANCE SCHEDULE 1. Any policy of insurance or certificate of insurance required hereunder shall be with a carrier authorized to do business in Iowa and a carrier that has received a rating of A or better in the current Best's Rating Guide. Any policy of insurance required hereunder shall provide for a thirty (30) day notice to the City of any material change or cancellation of the policy prior to its expiration date. Jojanaro Investments shall have its insurance agent or company certify in writing that any policy of insurance required herein with an aggregate limit of liability has not been reduced by paid or reserved claims at the time of issuance of policy or certificate. Jojanaro Investments shall furnish copies of the following policies to the City, with limits not less than the following, or greater if required by law, and shall also furnish certificates of insurance from all independent contractors or subcontractors hired by Jojanaro Investments or any independent subcontractor, which certificates shall provide evidence of coverage for the following with limits not less than the following, or greater if required by law: COMMERCIAL GENERAL LIABILITY: 2. 3. 4. General Aggregate Limit Products-Completed Operation Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (anyone occurrence) Medical Payments $2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 OR Combined Single Limit Medical Payments $2,000,000 $ 5,000 Coverage is to include: occurrence form, premises/operations/products/completed operations coverage, independent contractors' coverage, contractual liability , broad form property damage, personal injury, City of Dubuque named as an additional insured with thirty (30) days written notice of change or cancellation. . . . 1 1/411 5411 ---' ------------ ------- --------~----- -- 38 3/411,-- I _'911~,- = a (Y) I I \l\..c.'t- \\"1'9. ~ *.. ~ f,t;..L, '-.: , .? '. " , ) ty',' ~ e, . ,{ " ,- \\,t'J I 01SJ$J ,---"I /t \--cLT_"(" ~ f j , , LN( ck'~211 rl--' ~I (Y) I ~ ~ (Y) '0 ~ I ~ = ~ (Y) ~ ~ ~ i'0 iC\J _........l 08/03/2000 08:38 3195880555 STATE FARM PAGE 01 . AUGUST 03, 2000 FBLD~RMAN, JOHN & JANET & NANCY & ROBBRT DBA JOJANARO INVESTMENTS 1179 IOWA ST DUBUQUE IA 52001-4819 Type: BUSINESS-OFFICE Coverage information A-BUILDING 170000 Fire Policy Status B Ph. (319)557-1465 FIRE policy: 95-B6-3400-6 F Yr issd: 2000 Xref: Locacion: 1169-1179 IOWA ST DUBUQUE IA 52001.-481.9 Term: CONT Premium: Renew date: MAY-26-01 1,307.00 Written date: MAY-26-00 BILLED 08/01/2000 End act 07/31/00 C-LOSS INC ACT LOSS L-BUSN LIAB 1000000 Amount due: GBN -'GCREGT 2000000 Date due: Pee A.GGREGT 2000000 Bill to: M-MED/PBRSN 5000 Prev prem: Prev risk: 0 42.59 SEP-05-00 INSD o Deductibles applied: 250 ALL PBR OTHBR DBD MAY APPLY . Messages: Year built: 1900 Zone: 01 P.t"ot class: 3 Constr: MASONRY ~~,~: I) ? 9' .P tJvv o /&,,()1/ eI )j, r;b, 'J < rf-tlw 'n, %- ~ /~-'ld A I ~~ j} ~ to, 1 3 ';/,lJ 9'5 f; -- J .,J ,I <[,/3 'v fl / ~J. ",/~~sr //?/ _ Jlf,f ~Q ,<.J 14-1/1 i)/ '5" r - () . 08/03/2000 08:38 3195880555 . STATE FARM Pire Policy Status · MORTGAGES DUBUQUE BANK & TRUST COMPANY ITS SUCCBSSORS AND/OR ASSIGNS PO BOX 778 DUBUQUE IA 52004-0778 . . prem adj: YRBUS $ Move-in: N Entry: JU,N-13-00 PMP seg: 99 PAGE 02 AUGUST 03, 2000 54 /BLDAGB-SEBPILE . . . A ~ CITY OF DUBUQUE, IOWA MEMORANDUM August 31, 2000 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Right-of-way Encroachment--Projecting Sign at 1169-1179 Iowa Street Planning Services Manager Laura Carstens is recommending approval of a projecting sign at 1169-1179 Iowa Street as requested by Jojanaro Investments. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/dd Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Laura Carstens, Planning Services Manager . . . " CITY OF DUBUQUE, IOWA MEMORANDUM August 15,2000 TO: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager 5.J~ FROM: SUBJECT: Right-of-Way Encroachment - Projecting Sign at 1169-1179 Iowa Street Jojanaro Investments has requested City Council approval to install a sign on their building at 1169-1179 Iowa Street. It would encroach 60 inches into the public right-of- way. Jojanaro Investments would like to install a sign for the business, Continental Realty and Felderman Appraisals. A sketch of the sign is attached. The business is zoned C-4 Downtown Commercial, which allows for signs to project up to 60 inches into the public right-of-way. The construction drawings have been reviewed and approved by the Building Safety Department as to the type of material, method of construction and vertical clearance. The request has been reviewed and approved by the Planning Services Department for conformance to zoning regulations for signs. Jojanaro Investments also has provided the required insurance and acceptance forms, which are attached. Since the requested encroachment does not impede the City's use of the right-of-way or sidewalk, I would recommend approval ot the request. The attached ordinance provides for a revokable permit and further requires Jojanaro Investments to assume all liability, defend the City, and hold the City harmless of any claims which may result trom the installation of the sign within the City right-ot-way. The City Council is requested to adopt the attached ordinance authorizing the installation of the sign in the public right-of-way. LC/mkr Attachments cc: Rich Russell, Building Services Manager Michael A. Koch, Public Works Director . . ~.\"oI :TO) '- -- ~.a CD a-g p 5"'i!.~~g- <C",31!!lo.c cn:2o_oa.c <i5"!I!.OCD"'CD ::Ir5 0.0 3.~. !!l ol!-;~!ll, a.5.:] e.m 2" -00.0. (') ~ =a"O 2.0 ",:T-.a"'3 '< !.lZm~ CD iilg~g:g.B: sp sp :JCC Q. 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Cucliort 2, Th,,1 $11(,11 con' WI,lr.rlon 1'<11i11l bl: dono in ucr;ort.ltlnUu wilh 1'1.'n~ hp.re. I<>folo r.lllltnrUud by p<.nmiltRA$ mill "pprov~r;l I'ly the City M,1nn,/Ct', undor lho SUflCllvi- ~i('n :Inri l1ifecU'lI\ of the Cily M'lrlil()'Cr, and in nc/:nrd,mclJ wilh nil ClPPIi(;l\blo lil.:ltG o)nd I, :durhll Illw~ and r~(I\llutilJnli. mid llie OruillMcon of thll CitY c:.fOIJlllIflIIC.. C'.'~'lion 3. Th.u tll" p"'IJni~. ~I('II ho,.:in (Trtmlud Is llll- flf\J:1~,ly coneJitinnl1c) 011 pur- 111ill'''.:'~' :'1(J1 uCrTl'lnt to; IJ, A~!;lIm" {Iny nnc.l nllli"bilily fl)' d,'lltCI(jV:l to porson~ or pmrx;rty whlr;h mw rC!il.IH 110m 1111) UxilltcnoO, lQt1:;ltion. Im.l;)jI;Hi(>n, CQIlQtruelio!l or rll!dlllt.'TlEVlOl) 01 !l,'lirl Ilwjel.:tino :;irjn; 'InrI Ii. Plc()ure IInd IT1nlllL,lin ill r"'l n,', \1l1finrJ lhl,) !(lI'TT) 01 this pelmit a policy or li.,Vilily lmllrmlcu ~2 lot fOrll1 in Ihe nllar.11l1d Ir'sllr~ tCC SchcdulA; llllrl 1:. r.\y 011 buhulf of thll Cil}' 01 OllhuqlJl~, rill r.lllll~ WhiCh II "' tily or DubuquQ ~hljlll ~'Jr.:QI"~ opli!lllled 10 ptlY by 1'001.1>11 of lho li~bilHy impo~lld \lpOIl Iha Clly of DullllllllO far rl.lI'l\:'\(JI.$ or ;'\oy IIlml rusullino II\lrn HIO loc,nion, InSllllll1tion, Mll;l,lll('O, tOn~lruclion or IIIillflll.llliU1CC of ~~'rd projl:/;~110 r.iOll ~u':lalnlld by ;lilY person or tlL:l~(JII_, CllUS(ld fly (lnol- c1ur,t (:or olhl'llWlli'~ tt) llufund Ilt Il:l (IWlI oxpon~e norl on bfllinlf 01 l:o~id CiTY (lilY cl.1irn ilg~inlOt IIH) eily pr Pul)l)fJ4A (IriSin!) out of tho k>ealil)(l. Installation, exl:all'lno. (10n~llU~tklfl or nh.llltl.'I1(1rlr:u or th~ proj<'ll':liI1!l ~i(n1 Oll)d to pny rO,WtJllHblo iJ11/Jrr'il1Y I,M; ~ll:rorlll': lInd .1. 11Idnnlnify. ~"f"'nd nod hnld lhe OIly 01 (Juhllquo Ire. nllJ I"'rlll/Qs:> from ~ny Ilnd :111 Cltlitn~, lor.fi, lilllJlllly l1l'ld cx- 1"I'IIt\1J f,,'r dUll III nl,ci/Qr rnJl'II(:~ C) Olircl Pflrw,'$ or dUlmlq.,3 to ""'t>t,:rl)' or o,lrd pOr:\anr., or tnr J.-,rn.~u" to rillY l"OI'"r I)' of tho CUy ,.f Oubuquc whlol1 HIlLY ocour illS n r/!!,"1t (.If or Irl ccnnnelioll willI UlC rC~lic". hl~'[;llloJU,'n. OXllltOl1C8. r.nn- Gltuol!ell, mnlntvllUI1Cu Lind '''I'"lr 1.11 the 'uoilily, work PI' illlj,rUvoln'JnI pennillellir"'toin. ~"nlil)n 4. llmllho pormil>- TELEGRAPH HERALD ~jon hO/dn grOlntl:ld la 9)(- pre~~ly Cf.>l\uil!OIlUd llpon r.>Orrllil!o"~' lurtl1er a1!)l"\If'lm"'nt thli! ~t-.ollld the tighL IInd prlvl- lugo heroin granllld be le- ,;c1n1111,j or lovol(lld by tha City Cuuncil. plrmjrtte~, Or' thulr ~oUIX."$Sor~ In inlcreat. u owners of th., abullil'lJ PIl.lp. o)l'ly. $hall wiU,in Wn (10) dSlYIl L1111J1' raooi~ 01 written nelic" from 1t,,, Ci~ M.1l'lllgor. ~o to 00, at UI811 own expense, rliln10ve t,old projccbng _ign und In thll eYMt of thlllr 111iluru to dlJ SO. the City of Dubll/11le th.'lll l>fl :tllthorlzcd to TOmOy; :i",ld projl.ctlng "llO al permil- ttle~' e~I>\lntlc C1hd di~po~e of Lha $ilrnu. amI tile MrmiU(lo !\hi\1I hnve 110 claim iaQilln~t the Clt~ or Hs Olger)t$ lor dlll1lagQ$ r69llllin(1 rronl thu romovllr of 503i d proJ"onng 51!)n. Sel.llrJl1 5. Thai plrmitt1lll" covenant and sorell 111<:,1 lho rlw.)r;l\I.,lu permit herein otl~llod does not col1~tilllle on npprov,11 1)/ lflu dCl>ign, Qt'GIC- lion. loc-lltlon, cont.b'uctlcm, rOlpl'lr or 1Yl1llnLollllnce of r.::lid raciHty llncl Sllid perl'T'lillel)~ hI:! d)y '~J\lCnanl IIIld IlgrtlO3 Mt tt) Ot.$tll such ul.um or cJurUIlSC flg:a/r1st the Cily 01 Dll~dJClUO i" tho uvmlt 01 olZlirn C1,;$eI1ed lor d~'th, pllt$I)l1l\1 Injuria!: andieI' property d~m' llQIl Il!lflinot Ihfl purmil1l1cs un:;lnl1 oul of or In ony way conl1~ocll)o.I wid. till: 1000ltion, in.1.111:illion. c:onslrllclit>tl, dd$il)ll, rl'lptlir and m::llntl!- ntlllea of Iho 1ncilitY hlJrcin J'l~nnlll"/.I. Ssclion 6, This Ordin~nue 1,;I'lall beeornu alflCtive and tIl<'l rililhtf. htv'l)llnd()r OOcnJtI to .Joj!ll'1Bro InveS1menl$ Wh~'l thi$ Ortlhl:'U1l,;u haa beAn lItlopt~d by the Olty COUnt:11 (with.. tuCnlll nnd oonQition~ thereof rmcepted by pcrmil- lOW; by ;)eC0ptanC'l ent\f"lf~r)d 011 thi~ OrdlnCU'lcc, Secllon 7. Thllt the City Glerk LlI:: Ilnd aho I! aUlhori1eo .lnd dlr0cl~d to file at IJQrnlll- lee&' OXI)('nlc a copy of this ordinllnCfl In the Olr,co 01 thu necor<Jer In unc for Dubl.lQllfl Counly.lowa, r.\~$ed, L~,provQd line! Muptod Lhis ..Ih doy of Sl:P' r"'mIJer, 21m. T ~rrDnl:e M. OUOOIIII, M"yur AltRr. t: ,h','TlM F. SchneIder, CILy Clerl( N)CE~lANCE: OF ORDINANCE NO, "3-00 We. the undurl;lgnud having road and beil1g fllmlllN' wiUI the lllrr11G Wid conditions of Ordinance No. ~3.0(). hcr'lolby, for 0'":rn~oIv"3. thQjr $IICIlE>$- COI'S or 811F,.igr'l'l. ;'\$ Qwnur:> of lh". ~I'Ultllla ,:>ropurty, llccept tlie ~lIrnc /In<l 1I{j(1'1! to b() bound by 1M 1,;0lldilionE ""4 :.!(Jrcurnunls II1QrQin cent~ll'1ed to bll pr.rf('nYl~ bvyOrmilllle5. ~y: /51 Robert J. Felclernlfln By: (tJ J'lIl<lt D. r-ulwrm<m lJy: 1st JoIu1 L. FeldllrnW'l By: Is! Nlincy J. FlJltMmil/1 JO~\rl\\rO Invootnton!8 D:ll"d: Augll~t 4, :!OOO F'ubll.~I1M (.1 hClally in the rl'Jc'!l'./ph HQr;zld nQWS1pAt>nt' Utis 11l1'1 dGY 0' S"plutnbor, :"'01\1\. JellnM F. ::JclTllllklcr. CilyCIQo1< FAX NO. 3195885782 P, 07 1t0/11 1. g~)9~ :J v _ t/ , Li /'\ U /(,i.) III ! " /i I ~ [I t!LeUU1 II c> (,../-/ ,ft . . . (OFFICIAL PUBLICATION) ORDINANCE NO. 73-00 AN ORDINANCE AUTHORIZING JOJANARO INVESTMENTS TO CONSTRUCT A PROJECTING SIGN AT 1169-1179 IOWA STREET NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 9F DUBUQUE, IOWA: Section 1. That Jojanaro Investments, as the owner of the premises known as 1169-1179 Iowa Street, Dubuque, Iowa, and legally described as S 16.07' of N 2/5 of City Lot 459, S 18.07' of N 86.73' of the N 2/5 of Lot 459 and S 18.13' of N 86.73' of N 2/5 of City Lot 459 be and they are hereby granted the revocable permit and authority to construct and maintain a projecting sign under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: a. Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said projecting sign; and b. Procure and maintain in force during the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and . c. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said projecting sign sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of the projecting sign and to pay reasonable attorney fees therefor; and d. Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, existence, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said projecting sign and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said projecting sign at permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said projecting sign. Section 5. That permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construction, . . . .' . . repair or maintenance of said facility and said permittees hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or property damage against the permittees arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to Jojanaro Investments when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of September, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 73-00 We, the undersigned'having ~ead and being familiar with the terms and conditions of Ordinance No. 73-00, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. By: /s/ Robert J. Felderman By: /s/ Janet B. Felderman By: /s/ John L. Felderman By: /s/ Nancy J. Felderman Jojanaro Investments Dated: August 4, 2000 Published officially in the Telegraph Herald newspaper this 11 th day of September, 2000. 1t 9/11 Jeanne F. Schneider, City Clerk